I previously posted about Boerne ISD's decision to withhold its Robin Hood payment. Today the Attorney General's office issued its opinion (.pdf) in which the AG says
The Texas Supreme Court held in West Orange Cove II last year that the current school finance system (is unconstitutional). In so doing, the Supreme Court affirmed the injunction of the (trial) court under which the State will be precluded fromj giving effect to Chapters 41 and 42 of the Texas Education Code if the Legislature fails to remedy the constitutional violation.
The Supreme Court then extended the deadline for the Legislature to remedy the violation to June 1, 2006. Before June 1, therefore, no injunction is in force, and Chapter 41 of the Education Code -- which compels the District to make its recapture payments to the TEA -- remains in full effect.
After June 1, the Boerne ISD could be relieved of its obligations under Chapter 41 if and only if the injunction were ultimately to take effect. And the injunction would take effect only if the Texs Supreme Court were to find that the Legislature failed to correct the constitutional violation.
Accordingly, the Boerne ISD must continue to make the payments required by Chapter 41 . . . unless and until the Supreme Court were (1) to hold that any action taken by the Legislature was insufficient to remedy the constitutional violation, and (2) to enter or allow a present injunction against the operation of Chapters 41 and 42 of the Education Code.
Boerne ISD's payment was due on May 15, so in essence, the AG is saying that even though the system may be enjoined in 2 weeks, Boerne must make its payment because there is no injuction in force today. I applaud Boerne for shedding light on the significant problems with the Robin Hood system. Good try Boerne!
UPDATE: Boerne ISD has issued this press release (.pdf) in response to the AG's decision.
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